R. V. Daviault - Aftermath

Aftermath

The legislature reacted swiftly in response to the ruling, and within months they had passed an amendment to the Criminal Code as section 33.1 under the heading of Self-induced Intoxication.

33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).
(2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.
(3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person

Since the amendment there remains a major question as to whether this section could survive Charter scrutiny, since it effectively re-instates the Leary rule.